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Deterring Death in the Workplace: The Prosecutor's Perspective

Published online by Cambridge University Press:  29 April 2021

Extract

In 1970, when Congress was debating the Occupational Safety and Health Act, it was argued that:

The problem of assuring safe and healthful workplaces for our working men and women ranks in importance with any that engages the national attengion today …

Congress cited some grim statistics necessitating vigorous action:

… 14,500 persons are killed annually as a result of industrial accidents … more than in the Vietnam war. By the lowest count, 2.2 million persons are disabled on the job each year, resulting in the loss of 2 15 million man days of work …

The human tragedy associated with the loss of lives, adverse health impacts, and serious injuries were the focus of legislative hearings, but Congess also addressed the economic impact of industrial deaths and disability.

Over $1.5 billion is wasted in loss of wages, and the annual loss to the gross national product is estimated to be over $8 billion.

Type
Article
Copyright
Copyright © American Society of Law, Medicine and Ethics 1989

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References

S. Rep. No. 1282, 91st Congress, Second Sess. 24 (1970), Leg. Hist. Note 6, at 142–144.Google Scholar
29 USC Section 651678.Google Scholar
29 USC Section 651(b).Google Scholar
U.S. v. Park (1975) 421 U.S. 658.Google Scholar
State v. Ford Motor Co. (filed February 2, 1979) No. 5324 Indiana Superior Court.Google Scholar
29 USC Section 666(j).Google Scholar
29 USC Section 666(a).Google Scholar
29 USC Section 666(d).Google Scholar
29 USC Section 666(e).Google Scholar
Criminal Referrals by OSHA to the Department of Justice and Cases Initiated by U.S. Attorneys (as of February 2, 1988), attached to testimony of Jerry G. Thorn, Deputy Solicitor of Labor, before the subcommittee on Employment and Housing, Committee on Government Operations, U.S. House of Representatives, February 4, 1988.Google Scholar
United States v. Dye Construction Co. No. 73-CR-417 (Denver, Colorado, February 6, 1974), affd. 510 F 2d 78 (10th Cir. 1975).Google Scholar
Cr. No. 74-1832 F. (C.D. Cal. Jan 14, 1975).Google Scholar
United States v. Pinkston-Hollar, Inc., No. 76-33-CR6 (D. Kan., February 26, 1976, verdict entered October 12, 1976).Google Scholar
Cr. No. 72-0-239 (D. Neb., January 27, 1974).Google Scholar
Cr. No. G-80-11 (S.D., Tex., November 13, 1981).Google Scholar
Cr. No. 81-16 D (W.D., Oklahoma, February 27, 1982).Google Scholar
Cr. No. 81-71A (M.D., Louisana, October 26, 1981).Google Scholar
29 USC Section 666(g).Google Scholar
18 USC Section 1001 and 1505.Google Scholar
Redin, Stephen, “Corporate Criminal Liability for Employee Endangering Activities”, 18 Columbia Journal of Law and Social Problems (1983), 39, at 5254.Google Scholar
Levin, Michael H., “Crimes Against Employees: Substantive Criminal Sanctions Under the Occupational Safety and Health Act”, American Criminal Law Review, (1977) Vol. 14: 717.Google Scholar
The Warner-Lambert decision was strongly, and we believe properly, criticized by Stephen Redin in “Corporate Criminal Liability for Employee Endangering Activities,” supra. Perhaps as a result of the Warner-Lambert decision, criminal sanctions were not sought to be imposed upon employers due to unsafe working conditions with any regularity until the mid 1980s. An exception to this was prosecution under specific laws applicable to employers in California.Google Scholar
People v. Gaglione (1982) 138 CA3d52.Google Scholar
People v. Film Recovery Systems Inc., Nos. 84 C5064 and 83C11091 (Cir. Ct. of Cook County, Ill., June 14, 1985). This case, and criminal prosecutions of OSHA violations in general, is discussed at length in “Policy Considerations in Corporate Criminal Prosecutions After People v. Film Recovery Systems, Inc.,” Notre Dame Law Review (1987) Vol. 62:969.Google Scholar
Over the past several years, Federal OSHA has adopted a policy favoring “records inspections.” Under that policy, where records show that the employer has fewer than average injuries and illnesses, inspections of that operation are waived. As a result, there is an increased incentive for employers to under-report. In fact, the largest fines imposed by Federal OSHA of late have been for such recordkeeping violations, rather than substantive safety and health violations.Google Scholar
People v. Pymm Thermometer, No. 930-86, Appeal filed March 21, 1988.Google Scholar
People v. Michael Charles Maggio, #A780779, filed March 26, 1986.Google Scholar
People v. Jeffrey Gonterman, #A919972, filed July 21, 1987.Google Scholar
People v. Dr. Richard Hu, Benjamin Lowe, Michael Berry, G.A.L. Concrete Construction Co., and Panda Development and Construction Company, #A962219, filed January 6, 1988. A preliminary hearing was scheduled for May 31, 1988.Google Scholar
People v. Charles Wilson and James Lee, #A954496, filed July 21, 1987.Google Scholar
Labor Code Section 6425–-Any employer, and every employee having direction, management, control, or custody of any employment, place of employment, or other employee, who willfully violates any occupational safety or health standards, order, or special order, or Section 25910 of the Health and Safety Code, and that violation caused death of any employee, or caused permanent or prolonged impairment of the body of any employee, shall, upon conviction, be punished by a fine of not more than ten thousand dollars ($10,000), or by imprisonment for not more than six months, or by both; except that if the conviction is for a violation committed after a first conviction of such person, punishment shall be by a fine of not more than twenty thousand dollars ($20,000) or by imprisonment for not more than one year, or by both.Google Scholar
Labor Code Section 6423(a)–-Except where another penalty is specifically provided, every employer, and every officer, management official, or supervisor having direction, management, control, or custody of any employment, place of employment, or other employee, who does any of the following shall be guilty of a misdemeanor:Google ScholarGoogle Scholar
Penal Code Section 385(b)–-Any person who either personally or through an employee or agent, or as an employee or agent of another, operates, places, erects or moves any tools, machinery, equipment, material, building or structure within six feet of a high voltage overhead conductor is guilty of a misdemeanor.Google Scholar
People v. Southern California Gas Company, #M864456, filed July 18, 1985.Google Scholar
People v. Golden State Foods, Jack Reily, Stan Hailey and Armando Hernandez #31386211, filed June 11, 1985.Google Scholar
People v. Reliance Steel and Aluminum Company Inc., Crider, Joseph D. Dehl, Mark, Ed Kijewski, , and Conway, Dennis, #S34359, filed July 22, 1985.Google Scholar
People v. GTE Products Corporation, John Wayne Lansford, and Dale Niezgocki, #M270690, filed November 13, 1985.Google Scholar
People v. Golden State Foods, supra.Google Scholar
People v. California Pacific Poultry Inc., Robert Ferro, Larry Posik, and Armando Velasquez, #M139709, filed January 27, 1986.Google Scholar
People v. Star Scrap Metal Co. Inc., Allen Richard Stein, and Rose Starow Stein, #M96482, filed January 31, 1986.Google Scholar
People v. Steve Lymon and Robert L. Henderson, #M48042, filed October 24, 1985.Google Scholar
Sentencing in Reliance Steel has been delayed pending a ruling on a motion for a new trial.Google Scholar
People v. Dial Corporation, Skip Foster, Daniel J. King, and Nelson Landman, #87-M00849, filed February 21, 1986.Google Scholar
Harvard Law Review (1987) Vol. 101: 535.Google Scholar
Lovelace v. Sabine Consolidated (1988) 756 S.W. 2nd 865.Google Scholar
147 Ill. App. 3d 797, 510 NE2d 1173 (1987).Google Scholar
People v. Pymm Thermometer, N.Y. Sup. Ct. November 13, 1987.Google Scholar
State of Wisconsin ex rel. Cornellier v. Black (No. 87-1120-W.)Google Scholar
Supra, note 41.Google Scholar